Constitution

Obama eligibility: public appeal hearing

Published

10 years ago

May 26, 2012

The Obama birth certificate. Why is this still accepted as valid? The Birther movement still matters, for the precedent.

The three-judge panel set to hear an Obama eligibility appeal in New Jersey have changed their minds. They will hear it in public, not over the telephone as they first ordered.

Oral argument in person

Attorney Mario Apuzzo announced the change of plan yesterday. Apuzzo represents Nicholas E. Purpura (Wall Township) and Ted Moran (Toms River) in their lawsuit against the putative President. (Purpura and Moran v. Obama.)

Judges Clarkson S. Fischer, Jr., Linda G. Baxter, and Philip Carchman will hear the oral argument on Wednesday, May 30, 2012, at 1:00 p.m. Judge Carchman at first ordered that the argument take place by telephone. Instead, the court will sit in a regular courtroom and hear arguments before the public.

The session will take place at:

Superior Court of New Jersey

Hughes Justice Complex

25 W Market Street, 5th Floor

Trenton, NJ 08625-0006

Apuzzo said that he wants as many New Jersey citizens as possible to attend the argument, “so [they] can learn first-hand” what the Obama eligibility case is all about.

Obama eligibility issues

Mario Apuzzo, arguing the latest Obama eligibility challenge

Mario Apuzzo walks toward the Office of Administrative Law with his two clients. Photo: CNAV.

On May 18, 2012, Apuzzo filed this brief and appendix in his Obama eligibility case. Barack Obama’s attorneys were due to file their response yesterday. Apuzzo did not say whether they had done so or not.

Former Navy Commander Charles Kerchner points out that US law defines five kinds of citizen. He also quotes Apuzzo in distinguishing between citizen at birth and natural born citizen. The two are not the same. One is a subset of the other. Or as Apuzzo puts it:

Trees are plants, but not all plants are trees.

The point: a natural born citizen is one born in-country to two parents, both of whom were citizens when the child was born. Natural law, not positive (man-made) law, defines this phrase. Citizen at birth is a positive-law concept; it means whatever any country wants it to mean, when it wants.

Purpura and Moran have always argued that:

Barack H. Obama has still not shown where he was born or even who he is.
Even if he were born in-country, he cannot be a natural born citizen. The reason: his father was a British colonial subject.

For more articles on this case, and a map of Trenton marking the address of the Hughes building, see this article at examiner.com.

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Terry A. Hurlbut

Editor-in-chief at Conservative News and Views | + posts

Terry A. Hurlbut has been a student of politics, philosophy, and science for more than 35 years. He is a graduate of Yale College and has served as a physician-level laboratory administrator in a 250-bed community hospital. He also is a serious student of the Bible, is conversant in its two primary original languages, and has followed the creation-science movement closely since 1993.